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Bill

HB 766

Custody and visitation arrangements; best interests of the child, family history of abuse.

2025 Regular Session Introduced by Karrie Delaney

Virginia bill requires courts to weigh parents' abuse history when deciding custody, prioritizing child safety over parental access rights.

Left in Courts of Justice
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Bill Summary · HB 766

Legislative bill overview

HB 766 modifies Virginia's custody and visitation law to require courts to consider a parent's or caregiver's history of abuse as a factor when determining custody arrangements in the best interests of the child. The bill creates explicit statutory language directing judicial consideration of family abuse patterns during custody proceedings.

Why is this important

Custody decisions profoundly affect children's safety and wellbeing. By codifying abuse history as a mandatory consideration, the bill aims to prevent abusers from obtaining custody or unsupervised visitation rights, addressing a gap where judges might not adequately weigh domestic violence patterns. This reflects growing recognition that exposure to family violence harms children regardless of whether abuse is directed at them.

Potential points of contention

  • Defining "family history of abuse": Questions about what types of abuse count (physical, emotional, psychological), how recent it must be, and whether substantiation or conviction is required versus allegations
  • Due process concerns: Accused parents may argue the provision risks prejudicial assumptions without sufficient evidentiary standards or opportunity to rebut abuse allegations
  • Implementation burden: Courts may struggle with consistent application across jurisdictions; training judges and clarifying burden of proof becomes critical
  • Balancing parental rights: Tension between protecting children from abuse exposure and protecting parental rights of those accused but not convicted of abuse

Compiled from official sources — confirm details with the bill’s official record.

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